TOWN OF MOUNT DESERT
BOARD OF SELECTMEN
MEETING MINUTES
SEPTEMBER 7, 2010
A meeting of the Board of Selectmen was held this date in the Meeting Room, Town Hall, Northeast Harbor Maine.
Those present included: Chairman Tom Richardson, Selectmen Jean Bonville, Chuck Bucklin, Marilyn Damon, and Rick Mooers, Town Manager Durlin Lunt, Police Chief Jim Willis, Fire Chief Mike Bender, Harbormaster Shawn Murphy, Finance Director John Graves, Town Clerk/Recording Secretary Joelle Nolan, and members of the public.
I Call to order at 6:30PM.
Chairman Richardson called the meeting to order at 6:30 p.m.
II Minutes
A. Approve minutes of regular meetings for July 6 and August 16, 2010.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to approve the minutes from July 6, 2010. Selectman Mooers requested the following amendments: under VI. Old Business A. CES Marina Project, lines 38 & 39 change to “and a $3000 to $5,000”; and, on what would be page 6, line 16, change to “May 15, 2011”.
The vote was unanimous in favor 5-0, as amended.
MOTION: Selectman Bonville moved, seconded by Selectman Mooers, to approve the minutes from August 16, 2010. The vote was unanimous in favor 5-0.
III Appointments and Public Requests
At the request of Town Manager Lunt, Board agreed to take agenda item G. out of order.
Selectman Mooers moved, seconded by Selectman Bonville, to address item G. before item A. The vote was unanimous in favor, 5-0.
G. Fay Lawson, Hancock County Commissioner-State mandate for Regional Dispatch Centers
Fay Lawson, County Commissioner for District III, spoke to the issue of the State of Maine Public Utilities Commission (PUC) inquiry into the reduction of Public Safety Answering Points (PSAP’s). A copy of the Strawman Proposal, prepared by the PUC and given to Selectmen and various public safety personnel, recommends consolidation/regionalization of PSAP’s. The PUC is seeking public comment which must be received by September 14, 2010. PSAP consolidations will take effect on or before July 1, 2013. Ms. Lawson explained that Hancock County’s PSAP is provisional because not all towns use the facility; Bar Harbor, Bucksport, Southwest Harbor, Ellsworth, and Mount Desert have their own dispatchers. Ms. Lawson encouraged the Board to put the issue before the voters. Southwest Harbor has, and
the voters chose to have the town stay with its own dispatch service.
Renee Wellman, Director of the Hancock County Regional Communications Center, gave additional technical information. Chairman Richardson noted the next town meeting is May 2011, and asked if a decision will be made before then. Ms. Lawson said the Strawman Proposal will be submitted to the legislature November 1, 2010.
Selectman Bucklin asked if landline calls from Mount Desert go to PSAP; Ms. Wellman replied, yes. Citizen Anne Funderburke asked what is the advantage for Mount Desert to join Hancock County and what is the disadvantage if we don’t. Ms. Wellman explained the advantage is when a call is made through Emergency Services Communication Bureau (ESCB), the responder talks directly to town personnel on the road; the disadvantage is the potential loss of the Hancock County PSAP.
Selectman Mooers asked if the HC RCC is fully staffed, and Ms. Wellman replied they currently have two dispatchers on 24/7. If the Town signs on, they may add one more. Selectman Mooers asked if it is certain our dispatch is going elsewhere; Ms. Wellman replied not yet. And Ms. Lawson said this is all the more reason to put the issue before the voters.
Citizen Sumner Rulon-Miller noted the Town’s Public Protection Committee researched this issue, recommended to the Board of Selectmen that the Town joins, and the Board declined.
Chairman Richardson asked if this means someday the Town may not be allowed to run its own dispatch. Ms. Wellman did not have a definitive answer; however, she said more stringent requirements are in the future. Chairman Richardson said there has been discussion of island-wide dispatching; and he wondered if the State can prevent such action. Ms. Wellman thought there was no guarantee.
Selectman Bucklin asked if this has come before the League of Towns? Town Manager Lunt said not yet, but he would ask that the subject be added to a future agenda. Ms. Lawson agreed that is a good idea, but not a substitute for the vote of our own legislative body.
Citizen Funderburke asked if local dispatch is more efficient and rapid than HCRCC. Ms. Wellman said she could not make the comparison because they have not dispatched for Mount Desert. Although, she thought HCRCC would be quicker because they would speak directly to our public safety people at the scene.
Ms. Lawson referred to the Next Gen program of the near future and noted the more sophisticated places will receive it. Selectman Mooers thought that if only PSAP’s will have Next Gen, then they are putting locals out of business. Police Chief Jim Willis stated many states use only one PSAP and feed out to locals. He noted technology is available at ESCB that we don’t have. It is designed to make us work better. Chairman Richardson referred to the savings of outsourcing dispatch services; however, it will take a change of philosophy.
A. Appoint Stephen Dugay as seasonal part time Buildings and Grounds Division helper effective August 19, 2010 at a rate of $12.00/hr.
MOTION: Selectman Bucklin moved, seconded by Selectman Bonville, to appoint Stephen Dugay as seasonal part-time Building and Grounds laborer at a rate of $12.00/hr. The vote was unanimous in favor 5-0.
B. Appoint Amilie Bacon as seasonal part time Wastewater and Building & Grounds helper effective September 13, 2010 at a rate of $12.00/hr.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to appoint Amilie Bacon as seasonal part-time Wastewater and Building & Grounds helper effective September 13, 2010 at a rate of $12.00/hr. The vote was unanimous in favor 5-0,
C. Appoint Justin Mitchell as Recycling Center Attendant effective September 20, 2010 at a rate of $12.00/hr. (average 15 hrs per week)
MOTION: Selectman Bucklin moved, seconded by Selectman Damon, to appoint Justin Mitchell as Recycling Center Attendant effective September 20, 2010 at a rate of $12.00/hr. The vote was unanimous in favor 5-0.
D. Appoint Chad Campbell as a full time Dispatcher effective October 4, 2010 at a rate of $16.25/hr.
MOTION: Selectman Bucklin moved, seconded by Selectman Mooers, to appoint Chad Campbell as a full-time Dispatcher effective October 4, 2010 at a rate of $16.25/hr. The vote was unanimous in favor 5-0.
E. Appoint David Irvin to the Zoning Board of Appeals for a term ending May 2012
MOTION: Selectman Bucklin moved, seconded by Selectman Mooers, to appoint David Irvin to the Zoning Board of Appeals for a term ending May 2012. The vote was unanimous in favor 5-0.
F. Appointment of 4 members to the Mount Desert Revitalization Committee from a pool of: Frederick Brown, Gordon Beck, Katherine Bell, Kathleen Branch, Kathleen Graves, Ellen Kappes, George Peckham, Stephanie Kelley Reece, and Kevin Stradley
Selectman Bucklin said he thought all applicants were very qualified; however, he based his decision on village diversity.
MOTION: Selectman Bucklin moved to appoint Frederick (Buddy) Brown, Kathleen Branch, Ellen Kappes, and Stephanie Kelley Reece to the Mount Desert Revitalization Committee. Withdrawn for lack of second.
Selectmen extolled the merits of all applicants and said how pleased they were with the number of interested citizens. Selectman Mooers said although he is not on this list, Michael Bush, of Somesville, applied on-line through the Town’s website. When Mr. Bush spoke to Selectman Mooers about his application, he noted he had not had a reply. Selectman Mooers stated Mr. Bush has an excellent background for this committee. Selectman Bonville suggested those who are not appointed might be willing to serve as consultants to the Committee. Selectman Mooers asked that Mr. Bush be considered, since Mr. Brown did not actually fill out application.
Citizen Funderburke suggested each Board member write his/her suggestions on a piece of paper, then compile the Committee from the majority. Board agreed.
Chairman Richardson tabulated the written votes:
Brown 4, Beck 0, Bell 4, Branch 3, Graves 0, Kappes 0, Peckham 1, Reece 4, Stradley 0, Bush 3.
A second vote was done between Branch and Bush; Chairman Richardson tabulated and the results were 4 - 1 in favor of Branch.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to appoint Frederick Brown, Katherine Bell, Kathleen Branch, and Stephanie Kelley Reece to the Mount Desert Revitalization Committee. The vote was unanimous in favor 5-0.
Lanie Lincoln, current President of the Summer Residents Association (SRA), thanked the Board and residents for their enthusiasm and participation. She also assured those present that the applicants not chosen for the Revitalization Committee will be asked to serve on sub-committees.
H. Request by Wild Gardens of Acadia to remove one Limonium Carolinianum from Suminsby Park
Town Manager Lunt noted this is not an endangered plant; it is commonly known as Sea Heather.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to approve the removal of one Limonium Carolinainum from Suminsby Park for placement in the seaside habitat at the Wild Gardens of Acadia at Sieur de Mont Springs in Acadia national park. The vote was unanimous in favor 5-0.
IV Consent Agenda (These items are considered to be routine, and therefore, will not be allotted Selectmen discussion time on the agenda. The items may be passed by the Selectmen in one blanket motion. Any Board member may remove an item from the “Consent” portion of the agenda for discussion or questions by requesting such action prior to consideration of that portion of the agenda.)
A. Penobscot Downeast Cable Television Consortium Invitation to join.
B. Letter from Seal Harbor Library thanking Police Chief Willis for speaking to the children’s group.
C. Letter from Finance Director Graves withdrawing the Bond Bank application for Marina Project.
D. State Planning Office notice to abutters of review of Southwest Harbor Comprehensive Plan.
E. Acknowledge receipt of monthly department reports: Assessing, Code Enforcement, and Town Clerk.
F. Acknowledge receipt of letter from Hancock County planning Commission Community Development Block Grant Program.
Selectman Bonville asked to discuss item A. Board concluded it needed more information. Town Manager Lunt to find out the cost to join, what other towns are paying, and what would be the advantage.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to approve the Consent Agenda as presented, with the exception that item A be addressed at a future meeting. The vote was unanimous in favor 5-0.
V Selectmen’s Reports
Selectman Mooers reported that the National League of Cities, through Maine Municipal Association, has a program for towns to offer prescription discount cards, at no cost to the town. The program is not age limiting. A few Maine towns are participating. Board requested Town Manager Lunt to research.
Selectman Mooers suggested the Revitalization Committee look at Town ordinances that depress the entrepreneurial spirit of our citizens. He cited the recent issue of an ice machine in Otter Creek. Although the citizen had a Conditional Use Permit to sell seasonal produce and wood, ice was considered outside the realm of the permit. Town Manager Lunt gave a bit of history regarding the passage of ordinances; many were passed in a different time when there was actually fear of over development. He agreed the Land Use Zoning Ordinance (LUZO) needs a thorough review. The Code Enforcement Office tried very hard to find a positive answer regarding the ice machine issue. Selectman Mooers stated we now have a committee that could look at barriers to moving forward. Selectman Bucklin suggested the Planning
Board be encouraged to hold public hearings to involve the community. A discussion followed regarding the mechanism and time frame of an ordinance review. Selectman Mooers said he is not recommending a front to back review of the LUZO; rather, he hopes the Committee looks at specific sections that deal with barriers to preventing business development.
Selectman Bonville suggested it is time to research health insurance costs for budget purposes, to see what options are available. She thought a workshop meeting would be appropriate for this purpose and asked to start with Maine Municipal Association. Town Manager Lunt will set up.
Selectman Bonville requested that the Board receive past meeting minutes from June and April. She then referred to an article from a recent Maine Townsman regarding the issue of municipal officers signing warrants outside the authority of a meeting. Although the town currently has warrant policies for payroll, school costs, and state fees, she suggested that for selectmen to individually and separately review and sign a disbursement warrant a charter or ordnance provision must be adopted by the voters.
VI Old Business
A. Discussion with Finance Director Graves for uncollected personal property taxes for Jenkins and Train Properties.
Finance Director Graves reported has as yet to make any progress.
B. Accept bid of 3.64% from Bar Harbor Banking and Trust for general obligation bond for 2.2 million for Marina Project and execute documents necessary to issue bonds.
Selectman Mooers suggested the motion made on page 5 in lines 44 – 47 of the August 16, 2010 Board Minutes concludes acceptance of the bid.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to execute the documents necessary to issue the bond.
Board discussed the procedure, and determined individual votes were necessary. Selectman Mooers withdrew his motion and Selectman Bucklin withdrew his second.
Chairman Richardson read each vote (a total of 6 votes) as shown on the attachment, pages 8 and 9. The motions and votes were as follows:
The first vote: MOTION: Selectman Bucklin moved, seconded by Selectman Bonville, to approve the preceding vote. The vote was unanimous in favor 5-0.
The second vote: MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve the preceding vote. The vote was unanimous in favor 5-0.
The third vote: MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to approve the preceding vote. The vote was unanimous in favor 5-0.
The fourth vote: MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve the preceding vote. The vote was unanimous in favor 5-0.
The fifth vote: MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve the preceding vote. The vote was unanimous in favor 5-0.
The sixth vote: MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve the preceding vote. The vote was unanimous in favor 5-0.
C. Approval of signage for Seal Cove Auto Museum- LUZO Section 6B.16.4.5
MOTION: Selectman Bucklin moved, seconded by Selectman Mooers, to approve locating 3 Maine Department of Transportation non-reflectorized signs on Routes 233, 198, and Indian Point Road. The vote was unanimous in favor 5-0.
VII New Business
A. Discussion with Public Works Director Smith about recycling with City of Ellsworth
Postponed until 9/20
VIII General Issues
None
IX Committee Meeting Reports
None
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant #13 for $1,340,823.91.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve Treasurer’s Warrant #13 for $1,340,823.91. The vote was unanimous in favor 5-0.
XI Executive Session
None
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